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Bill Amendments

S3501 (ACTIVE) - Details

S3501 (ACTIVE) - Summary

Relates to retaining quality teachers when teaching positions are eliminated in city school districts in cities with a population of one million or more.

S3501 (ACTIVE) - Sponsor Memo

BILL NUMBER:S3501
TITLE OF BILL:
An act
to amend the education law, in relation to retaining quality teachers
and teachers in shortage subject areas when teaching positions are
eliminated in city school districts of cities having one million or more
inhabitants; and to repeal certain provisions of such law
relating thereto
PURPOSE OF THE BILL:
This bill would create a default layoff mechanism in New York City in
effect unless and until such time as the City of New York and its
teachers' union collectively bargain new layoff procedures.
Decision-making based solely on seniority would be prohibited in any
bargaining agreement.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Title.
Section 2: A technical change to section 2588 of the education law to
change "more than one million inhabitants" to "one million
inhabitants or more".

Section 3: requires the City school district and its employee
collective bargaining agents to establish a procedure governing the
abolishment or reduction of teaching or supervisory positions
citywide pursuant to article 14 of the civil service law. An
employee's length of service can no longer be the sale factor in
determining which positions to abolish. In addition, this section
ensures that high need schools (schools with greater than 90 percent
eligibility for free and reduced price lunch) do not bear a
disproportionate share of workforce reductions. In the absence of a
collective bargaining agreement governing staff reduction a default
layoff mechanism for New York City governs any citywide layoff in the
following manner:
* Seniority is no longer the sole basis for any layoff decision.
* The district will first make layoff decisions on a citywide basis,
based on specific categories of teachers. Per the provisions of this
bill, until such time as the City district and the union collectively
bargain a layoff procedure, these category-based layoffs would still
be made by license area {English, carpentry, common branch
elementary, etc.
* Under this bill there are nine categories established which
constitutes a subset of staff which would in the first instance be
laid off until the citywide layoff number is achieved. Staff that
fall into multiple categories would be laid off first and then
layoffs would proceed through each individual category until such
time as the citywide layoff number is achieved. Unless the entire
license is eliminated, the following teachers would be laid off first
within any given license area:
o A School-based personnel with at least one rating of
"unsatisfactory" in the five academic years preceding the year in
which layoffs would take effect;
o B - A finding of guilt on 3020-a charges without termination in the
last five years;
o C - Status as school-based personnel without a permanent position for
six months or more as of the start of the school year in which
layoffs will occur;
o D - Any convicted of criminal charges without termination in the
last five years;
o E - A finding of excessive or improper lateness or absenteeism
without adequate cause or improper use of leave time by a time and
attendance arbitrator in the last five years;
o F - Investigations by the Special Commissioner of Investigation (SCI),
the Office of Equal opportunity (OEO), or the Office of Special
Investigations (OSI) that led to substantiated allegations of
misconduct in the last five years;
o G - School based personnel who failed to fulfill all requirements
for state certification as of August 31 of the year in which
layoffs will be enacted;
o H - Teachers in grades 4-8 who for two years or more ranked in the
bottom thirty percent of all teachers in student test scores progress
as measured by the City school district's value added assessment
except for teachers who are licensed to teach special education or
special needs children; and
o I - Teachers granted an extension regarding tenure in the year
preceding city wide layoff.
* When the number of employees laid off by way of the above process is
less than the number of total layoffs required, the Regents will
promulgate regulations by that date governing the layoffs of any
additional teachers, beyond those laid off in the above process. Such
regulations must ensure that an employee's length of service is not
the sole factor in determining a layoff and that an employee's salary
is not a factor in layoff decisions. These additional layoffs need
not be made by license category.
* In the event the Regents do not promulgate regulations within 75
days of the first day of school, building principals will make
additional layoff decisions pursuant to guidance put forth by the
Chancellor. The principal shall make the decisions after considering
the recommendations of school based committee comprised of teachers,
administrators and parents.
* In schools where 90 percent of students receive free or
reduced-price lunch, layoffs made subsequent to the categories-based
layoff process shall not exceed a percentage of the overall number of
positions in the school that represents half of the average
percentage laid off made subsequent to the categories-based process
in schools citywide. This excludes employees in the categories
outlined above or employees laid off because of the system-wide
elimination of a license area. This requirement
would apply to any mechanism that is collectively bargained,
promulgated by the Regents or set forth by the
Chancellor and implemented by principals.
* When schools remove positions for any reason, absent a citywide
layoff condition, the sole basis for such decisions will not be
employee length of service. This bill requires such a process to be
collectively bargained, pursuant to education law 3012-c. In the
event it is not collectively bargained by 90 days before the start of
the school year, decisions are to be made using all above categories.
In the event the number of positions needed to be removed exceeds the
number in these categories, the Regents are to promulgate
regulations. In the event that by 75 days before the start of the
school year, the Regents have not promulgated regulations, principals
are to make the decision per guidance issued by the Chancellor. Such
regulations or guidance must ensure that employee length of service
is not the sole factor in layoff decisions and that salary is not a
factor in layoff decisions.
Section 4: requires employee rights to return to vacant positions to
be collectively bargained. In the absence of a collective bargaining
agreement when layoffs are made the following process shall apply:
Whenever a teaching or supervisory position is abolished pursuant to
the Regents or chancellor and should a vacancy occur in the same
position at the same school or administrative office within one year
of the date when the position was abolished, the principal, or the
chancellor or his or her designee, shall offer the position to the
person who held the position before it was abolished. If the person
rejects the offer, or fails to respond to the offer within thirty
days, the person shall no longer have a right to return to the
position. If more than one position was abolished in the same license
area at the same school or administrative office,. and there are
fewer vacancies in the same license area than persons whose positions
were abolished, the principal, or the chancellor, shall have the
discretion to determine which person should be offered the position
first. Teachers or supervisors laid off pursuant to the nine
categories outlined above shall have no rights to return to a vacant
position pursuant.
Section 5: repeals paragraph 7 of section 2588 of the education law
which is replaced by language in Section 4.
Section 6: severability.
Section 7: effective date.
JUSTIFICATION:
This bill will allow high quality teachers to remain in the classroom
during years when citywide layoffs are required.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
3501
2011-2012 Regular Sessions
I N S E N A T E
February 23, 2011
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to retaining quality
teachers and teachers in shortage subject areas when teaching posi-
tions are eliminated in city school districts of cities having one
million or more inhabitants; and to repeal certain provisions of such
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "keep
effective and excellent professionals in the classroom act".
S 2. The section heading of section 2588 of the education law, as
added by chapter 521 of the laws of 1976, is amended to read as follows:
Seniority, retention and displacement rights in connection with aboli-
tion of positions in city school districts of cities having [more than]
one million inhabitants OR MORE.
S 3. Subdivision 3 of section 2588 of the education law is REPEALED
and a new subdivision 3 is added to read as follows:
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09505-07-1

S. 3501 2
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS MUST ENSURE
THAT HIGH QUALITY TEACHERS IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
REDUCTIONS PURSUANT TO A CITYWIDE LAYOFF, PROVIDED HOWEVER, NOTHING
SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM. FOR
POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFES-
SIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND ITS IMPLEMENTING
REGULATIONS. UNTIL AND UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT
LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH ABOLISHMENT OR
REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE, THE FOLLOWING
SHALL APPLY:
(I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
ANY OTHER TEACHERS OR SUPERVISORS: (A) ANY TEACHER OR SUPERVISOR WHO
RECEIVED A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL PROFESSIONAL
PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
EVENT A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN IMPLEMENTED
PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; (B) ANY
TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN
THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A PENALTY
IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER OR
AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO SECTION THREE
THOUSAND TWENTY-A OF THIS CHAPTER; (C) ANY TEACHER OR SUPERVISOR NOT
CURRENTLY APPOINTED TO A REGULAR POSITION IN A SCHOOL FOR A PERIOD OF
SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; (D) ANY TEACHER OR SUPERVISOR CONVICTED OF
CRIMINAL CHARGES THE PAST FIVE YEARS; (E) ANY TEACHER OR SUPERVISOR, IF
THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN THE LAST FIVE YEARS HAS
BEEN FINED AS A PENALTY IMPOSED PURSUANT TO CHARGES RELATED TO CHRONIC
ABSENTEEISM, CHRONIC LATENESS, OR IMPROPER USE OR RECORDING OF LEAVE
TIME OR AS A RESULT OF SETTLEMENT OF CHARGES BROUGHT PURSUANT TO CHARGES
RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS OR IMPROPER USE OR
RECORDING OF LEAVE TIME; (F) ANY TEACHER OR SUPERVISOR WHO WITHIN THE
LAST FIVE YEARS WAS THE SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF
MISCONDUCT WERE SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL
COMMISSIONER OF INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF
SPECIAL INVESTIGATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL
OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL
REQUIREMENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST THIRTY-
FIRST OF THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF; (H) ANY TEACHER,
FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT OF ALL TEACH-
ERS IN STUDENT TEST SCORES PROGRESS AS MEASURED BY THE CITY SCHOOL
DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR TEACHERS WHO WORK IN
LICENSES RELATED TO TEACHING CHILDREN WITH DISABILITIES OR SPECIAL
NEEDS; AND (I) TEACHERS OR SUPERVISORS WHO ENTERED AGREEMENTS TO SERVE
AN ADDITIONAL YEAR AS A PROBATIONER PURSUANT TO SECTION TWENTY-FIVE
HUNDRED SEVENTY-THREE OF THIS ARTICLE FOR THE SCHOOL YEAR PRECEDING A
CITYWIDE LAYOFF.
S. 3501 3
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH IS GREATER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
ISHED OR REDUCED AS A RESULT OF A CITYWIDE LAYOFF, THEN THE DECISION
CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE
WITH THIS SUBPARAGRAPH.
(1) THE FOLLOWING PROTOCOL SHALL BE USED UNTIL SUCH TIME THAT THE
TOTAL NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF
TEACHING OR SUPERVISORY POSITIONS ABOLISHED. FOR PURPOSES OF THE PROTO-
COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
(H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
BE ESTABLISHED AS FOLLOWS:
A. TEACHERS OR SUPERVISORS WHO FALL IN ALL NINE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH;
B. TEACHERS OR SUPERVISORS WHO FALL WITHIN EIGHT OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
C. TEACHERS OR SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE SEVEN CATEGORIES;
D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SIX CATEGORIES;
E. TEACHERS OR SUPERVISORS WHO FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FIVE CATEGORIES;
F. TEACHERS OR SUPERVISORS WHO FALL WITHIN FOUR OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FOUR CATEGORIES;
G. TEACHERS OR SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE THREE CATEGORIES;
H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE TWO CATEGORIES;
I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING OF "UNSATISFACTORY"
IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL PROFESSIONAL
PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
I. A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
S. 3501 4
II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE MOST RECENT YEAR OR YEARS;
J. ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO
WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A
PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER THAT
IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
K. ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS A TEACHER OR
SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN ORDER OF PERSONS WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
SCHOOL THE LONGEST PERIOD OF TIME;
L. ANY TEACHER OR SUPERVISOR CONVICTED OF CRIMINAL CHARGES IN THE LAST
FIVE YEARS; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN
THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF
THE MOST RECENT CONVICTION;
M. ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
OR LATENESS, OR IMPROPER USE OR RECORDING OF LEAVE TIME; PROVIDED,
HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
N. ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY,
PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN
THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
TIGATION OF SUBSTANTIATED ALLEGATIONS;
O. ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL THE
REQUIREMENTS FOR STATE CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
SCHOOL YEAR IN WHICH THERE IS A CITYWIDE LAYOFF, PROVIDED HOWEVER IF
THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION FROM THE DEPARTMENT THE
LONGEST SHALL BE LAID OFF FIRST;
P. EXCEPT FOR TEACHERS WHO WORK IN LICENSES RELATED TO TEACHING CHIL-
DREN WITH DISABILITIES OR SPECIAL NEEDS, ANY TEACHER, WHO FOR TWO YEARS
OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT OF ALL TEACHERS IN STUDENT
TEST SCORES PROGRESS AS MEASURED BY THE CITY SCHOOL DISTRICT'S VALUE-AD-
DED ASSESSMENT, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE
ARE PERSONS IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES SHALL BE
LAID OFF FIRST; AND
Q. ANY TEACHER OR SUPERVISOR WHO ENTERED AN AGREEMENT TO SERVE AN
ADDITIONAL PROBATIONARY YEAR PURSUANT TO SECTION TWENTY-FIVE HUNDRED
SEVENTY-THREE OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A CITYWIDE
LAYOFF, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE ARE
PERSONS IN THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE MOST NUMBER
OF ABSENCES SHALL BE LAID OFF FIRST.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
S. 3501 5
(A) OF THIS SUBDIVISION IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT
MUST BE ABOLISHED OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL
POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSI-
TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
GRAPH.
(1) THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING HOW
SUCH ADDITIONAL LAYOFFS SHALL BE EFFECTUATED. THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE
THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE
ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF;
PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF
FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
TIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY BE
CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH REGULATIONS MUST ENSURE THAT IN A
HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF SHALL NOT EXCEED THE
PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN THE SCHOOL THAT REPRES-
ENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID OFF CITYWIDE; PROVIDED
HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE THE CITY SCHOOL DISTRICT
CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE AREA PURSUANT TO SUBPARA-
GRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES SHALL BE CALCULATED
EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN WHICH AT
LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE APPLICANTS
FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
(2) SHOULD THE BOARD OF REGENTS FAIL TO PROMULGATE REGULATIONS NO
LATER THAN SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF A CITYWIDE
LAYOFF, THE BUILDING PRINCIPAL SHALL DETERMINE WHICH ADDITIONAL POSI-
TIONS ARE TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS OCCUPYING SUCH
POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
CHANCELLOR. THE PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE
RECOMMENDATIONS OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS,
ADMINISTRATORS AND PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED
IN DETERMINING WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS ARE TO BE LAID OFF: (I) SCHOOL NEEDS FOR
PARTICULAR LICENSE AREAS; AND (II) WHEN MORE THAN ONE PERSON HOLDS A
POSITION WITHIN THE SAME LICENSE AREA, SIGNIFICANT RELEVANT CONTRIB-
UTIONS, ACCOMPLISHMENTS, OR PERFORMANCE OF EACH SUCH PERSON; RELEVANT
SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON AS DEMON-
STRATED ON THE JOB; OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM
SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON. ANY SUCH GUIDANCE
PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMUL-
GATION OF ANY SUCH GUIDANCE SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
S. 3501 6
PROVIDED FURTHER THAT ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR
MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF
SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN
THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID
OFF CITYWIDE, PROVIDED HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE
THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE
AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES
SHALL BE CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. FOR PURPOSES
OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN
WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE
APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
PROHIBITED FROM ABOLISHING ALL POSITIONS IN AN ENTIRE LICENSE AREA
PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
IN ORDER TO MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY ESTABLISHED
PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED
HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR
PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. FOR POSITIONS
COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER, ANY SUCH
LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFESSIONAL
PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO SUCH SECTION
THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS. UNTIL AND
UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY DAYS BEFORE
THE START OF THE SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
(I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE BOARD OF REGENTS SHALL
PROMULGATE REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE EXCESSED. THE PROMULGATION OF ANY SUCH REGULATION
SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR
IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED HOWEVER
THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT
SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE
S. 3501 7
EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER
BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH REGU-
LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
SION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. SHOULD THE BOARD OF REGENTS
FAIL TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR TO
THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
WHICH TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH GUID-
ANCE PROMULGATED BY THE CHANCELLOR PURSUANT TO THIS SUBDIVISION. THE
PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE RECOMMENDATIONS
OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS, ADMINISTRATORS AND
PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING WHICH
POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS
ARE TO BE EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS; AND
(2) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA: SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
ANCE OF EACH SUCH PERSON; RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES
OF EACH SUCH PERSON AS DEMONSTRATED ON THE JOB; OFFICE OR SCHOOL NEEDS,
INCLUDING: CURRICULUM SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS
OF EXPERTISE; AND LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.
ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN
EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED, HOWEVER, THAT ANY
CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE EXCESSED
OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH GUIDANCE SHALL NOT
PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECISION REGARDING
WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE LAID OFF. SHOULD CITYWIDE LAYOFFS IN ACCORDANCE WITH
PARAGRAPH (A) OF THIS SUBDIVISION BE CARRIED OUT, A DETERMINATION OF
WHETHER ANY TEACHER OR SUPERVISOR SHALL BE LAID OFF WHOSE POSITION HAS
BEEN ABOLISHED AND IS IN EXCESS FROM A REGULARLY APPOINTED POSITION IN
THE DISTRICT FOR LESS THAN SIX MONTHS, SHALL BE MADE PURSUANT TO SUBPAR-
AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
S 4. Subdivision 4 of section 2588 of the education law is REPEALED
and a new subdivision 4 is added to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
CLE FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF EMPLOYEES
TO RETURN TO VACANT POSITIONS IN THE CITY SCHOOL DISTRICT. UNTIL AND
UNLESS A LOCALLY ESTABLISHED PROCEDURE IS ESTABLISHED PURSUANT TO THE
REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
TIONS. WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSU-
ANT TO CLAUSES ONE AND TWO OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION, SHOULD A VACANCY OCCUR IN THE SAME
POSITION AT THE SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF
THE DATE WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCEL-
LOR OR HIS OR HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO
HELD THE POSITION BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE
OFFER, OR FAILS TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON
SHALL NO LONGER HAVE A RIGHT TO RETURN TO THE POSITION. IF MORE THAN ONE
POSITION WAS ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR
S. 3501 8
ADMINISTRATIVE OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE
AREA THAN PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE
CHANCELLOR, SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON SHOULD
BE OFFERED THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE
TO DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH
(I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND CLAUSE ONE
OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION, SHALL HAVE NO RIGHTS TO RETURN TO A VACANT POSITION PURSUANT TO
THIS SECTION.
S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
S 6. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 7. This act shall take effect immediately.

S3501A (ACTIVE) - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
3501--A
2011-2012 Regular Sessions
I N S E N A T E
February 23, 2011
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to retaining quality
teachers and teachers in shortage subject areas when teaching posi-
tions are eliminated in city school districts of cities having one
million or more inhabitants; and to repeal certain provisions of such
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "keep
effective and excellent professionals in the classroom act".
S 2. The section heading of section 2588 of the education law, as
added by chapter 521 of the laws of 1976, is amended to read as follows:
Seniority, retention and displacement rights in connection with aboli-
tion of positions in city school districts of cities having [more than]
one million inhabitants OR MORE.
S 3. Subdivision 3 of section 2588 of the education law is REPEALED
and a new subdivision 3 is added to read as follows:
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09505-10-1

S. 3501--A 2
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS MUST ENSURE
THAT HIGH QUALITY TEACHERS IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
REDUCTIONS PURSUANT TO A CITYWIDE LAYOFF, PROVIDED HOWEVER, NOTHING
SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM. FOR
POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFES-
SIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND ITS IMPLEMENTING
REGULATIONS. UNTIL AND UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT
LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH ABOLISHMENT OR
REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE, THE FOLLOWING
SHALL APPLY:
(I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
ANY OTHER TEACHERS OR SUPERVISORS: (A) ANY TEACHER OR SUPERVISOR WHO
RECEIVED A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL PROFESSIONAL
PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
EVENT A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN IMPLEMENTED
PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; (B) ANY
TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN
THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A PENALTY
IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER OR
AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO SECTION THREE
THOUSAND TWENTY-A OF THIS CHAPTER; (C) ANY TEACHER OR SUPERVISOR NOT
CURRENTLY APPOINTED TO A REGULAR POSITION IN A SCHOOL FOR A PERIOD OF
SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; (D) ANY TEACHER OR SUPERVISOR CONVICTED OF A
QUALIFYING CRIMINAL OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL
OFFENSE" SHALL MEAN: (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY
OFFENSE UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE
HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO
HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED
SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL
LAW, OR A FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO
AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR (2)
ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF
IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED AND IS
AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS
IMPOSED, OR (3) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF
WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTI-
CLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED
THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED
SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR
MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED
NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW; (E) ANY TEACHER OR SUPERVI-
SOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN THE LAST FIVE YEARS
HAS BEEN FINED AS A PENALTY IMPOSED PURSUANT TO CHARGES RELATED TO
S. 3501--A 3
CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR IMPROPER USE OR RECORDING OF
LEAVE TIME OR AS A RESULT OF SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS OR IMPROPER USE
OR RECORDING OF LEAVE TIME; (F) ANY TEACHER OR SUPERVISOR WHO WITHIN THE
LAST FIVE YEARS WAS THE SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF
MISCONDUCT WERE SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL
COMMISSIONER OF INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF
SPECIAL INVESTIGATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL
OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL
REQUIREMENTS FOR CERTIFICATION FROM THE DEPARTMENT AS OF AUGUST THIRTY-
FIRST OF THE YEAR IN WHICH THERE IS A CITYWIDE LAYOFF; (H) ANY TEACHER,
FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY PERCENT OF TEACHERS
IN STUDENT TEST SCORES PROGRESS AS MEASURED BY THE CITY SCHOOL
DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR TEACHERS WHO WORK IN
LICENSES SPECIFIC TO TEACHING CHILDREN WITH DISABILITIES OR SPECIAL
NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR FACTORS INCLUDING BUT
NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS AVERAGE IN THE FOLLOW-
ING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE AND REDUCED PRICE LUNCH
STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL EDUCATION STATUS,
PREVIOUS SUSPENSIONS AND ABSENCES, GRADE-LEVEL RETENTION, SUMMER SCHOOL
PARTICIPATION, YEARS ATTENDING THE CURRENT SCHOOL, ETHNICITY, GENDER,
AND CLASS SIZE; AND (I) TEACHERS OR SUPERVISORS WHO ENTERED AGREEMENTS
TO SERVE AN ADDITIONAL YEAR AS A PROBATIONER PURSUANT TO SECTION TWEN-
TY-FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE FOR THE SCHOOL YEAR
PRECEDING A CITYWIDE LAYOFF.
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH IS GREATER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
ISHED OR REDUCED AS A RESULT OF A CITYWIDE LAYOFF, THEN THE DECISION
CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE
WITH THIS SUBPARAGRAPH.
(1) THE FOLLOWING PROTOCOL SHALL BE USED UNTIL SUCH TIME THAT THE
TOTAL NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF
TEACHING OR SUPERVISORY POSITIONS ABOLISHED. FOR PURPOSES OF THE PROTO-
COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
(H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
BE ESTABLISHED AS FOLLOWS:
A. TEACHERS OR SUPERVISORS WHO FALL IN ALL NINE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH;
B. TEACHERS OR SUPERVISORS WHO FALL WITHIN EIGHT OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
C. TEACHERS OR SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE SEVEN CATEGORIES;
D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
S. 3501--A 4
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SIX CATEGORIES;
E. TEACHERS OR SUPERVISORS WHO FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FIVE CATEGORIES;
F. TEACHERS OR SUPERVISORS WHO FALL WITHIN FOUR OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FOUR CATEGORIES;
G. TEACHERS OR SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE THREE CATEGORIES;
H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE TWO CATEGORIES;
I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING OF "UNSATISFACTORY"
IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL PROFESSIONAL
PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
I. A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE MOST RECENT YEAR OR YEARS;
J. ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO
WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A
PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER THAT
IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
K. ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS A TEACHER OR
SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN ORDER OF PERSONS WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
SCHOOL THE LONGEST PERIOD OF TIME;
L. ANY TEACHER OR SUPERVISOR CONVICTED OF A QUALIFYING CRIMINAL
OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL OFFENSE" SHALL
MEAN: (A) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY OFFENSE UNDER
ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE,
ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO
HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED
SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW, OR (B) ANY
OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF
IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED AND IS
AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS
IMPOSED, OR (C) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF
WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTI-
CLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED
THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED
S. 3501--A 5
SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR
MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED
NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF
FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY,
LAYOFFS SHALL BE DONE IN THE FOLLOWING ORDER:
I. A TEACHER OR SUPERVISOR CONVICTED OF A FELONY IN THE LAST FIVE
YEARS; AND
II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN THE
LAST FIVE YEARS; AND
III. A TEACHER OR SUPERVISOR CONVICTED IN THE MOST RECENT YEAR OR
YEARS OF A CLASS B MISDEMEANOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE
HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED
FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED
FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER SECTIONS
ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW;
M. ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
OR LATENESS, OR IMPROPER USE OR RECORDING OF LEAVE TIME; PROVIDED,
HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
N. ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY,
PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN
THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
TIGATION OF SUBSTANTIATED ALLEGATIONS;
O. ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL THE
REQUIREMENTS FOR STATE CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
SCHOOL YEAR IN WHICH THERE IS A CITYWIDE LAYOFF, PROVIDED HOWEVER IF
THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION FROM THE DEPARTMENT THE
LONGEST SHALL BE LAID OFF FIRST;
P. ANY TEACHER, FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY
PERCENT OF TEACHERS IN STUDENT TEST SCORES PROGRESS AS MEASURED BY THE
CITY SCHOOL DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR TEACHERS WHO
WORK IN LICENSES SPECIFIC TO TEACHING CHILDREN WITH DISABILITIES OR
SPECIAL NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR FACTORS INCLUD-
ING BUT NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS AVERAGE IN THE
FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE AND REDUCED PRICE
LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL EDUCATION STATUS,
PREVIOUS SUSPENSIONS AND ABSENCES, GRADE-LEVEL RETENTION, SUMMER SCHOOL
PARTICIPATION, YEARS ATTENDING THE CURRENT SCHOOL, ETHNICITY, GENDER,
AND CLASS SIZE, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE
ARE PERSONS IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES SHALL BE
LAID OFF FIRST; AND
Q. ANY TEACHER OR SUPERVISOR WHO ENTERED AN AGREEMENT TO SERVE AN
ADDITIONAL PROBATIONARY YEAR PURSUANT TO SECTION TWENTY-FIVE HUNDRED
SEVENTY-THREE OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A CITYWIDE
LAYOFF, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE ARE
PERSONS IN THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE MOST NUMBER
OF ABSENCES SHALL BE LAID OFF FIRST.
S. 3501--A 6
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF THIS SUBDIVISION IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT
MUST BE ABOLISHED OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL
POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSI-
TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
GRAPH.
(1) THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING HOW
SUCH ADDITIONAL LAYOFFS SHALL BE EFFECTUATED. THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE
THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE
ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF;
PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF
FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
TIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY BE
CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH REGULATIONS MUST ENSURE THAT IN A
HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF SHALL NOT EXCEED THE
PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN THE SCHOOL THAT REPRES-
ENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID OFF CITYWIDE; PROVIDED
HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE THE CITY SCHOOL DISTRICT
CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE AREA PURSUANT TO SUBPARA-
GRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES SHALL BE CALCULATED
EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN WHICH AT
LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE APPLICANTS
FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
(2) SHOULD THE BOARD OF REGENTS FAIL TO PROMULGATE REGULATIONS NO
LATER THAN SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF A CITYWIDE
LAYOFF, THE BUILDING PRINCIPAL SHALL DETERMINE WHICH ADDITIONAL POSI-
TIONS ARE TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS OCCUPYING SUCH
POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
CHANCELLOR. THE PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE
RECOMMENDATIONS OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS,
ADMINISTRATORS AND PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED
IN DETERMINING WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS ARE TO BE LAID OFF: (I) SCHOOL NEEDS FOR
PARTICULAR LICENSE AREAS; AND (II) WHEN MORE THAN ONE PERSON HOLDS A
POSITION WITHIN THE SAME LICENSE AREA, SIGNIFICANT RELEVANT CONTRIB-
UTIONS, ACCOMPLISHMENTS, OR PERFORMANCE OF EACH SUCH PERSON; RELEVANT
SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON AS DEMON-
STRATED ON THE JOB; OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM
SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON. ANY SUCH GUIDANCE
PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
S. 3501--A 7
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMUL-
GATION OF ANY SUCH GUIDANCE SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR
MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF
SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN
THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID
OFF CITYWIDE, PROVIDED HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE
THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE
AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES
SHALL BE CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. FOR PURPOSES
OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN
WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE
APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
PROHIBITED FROM ABOLISHING ALL POSITIONS IN AN ENTIRE LICENSE AREA
PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
IN ORDER TO MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY ESTABLISHED
PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED
HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR
PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. FOR POSITIONS
COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER, ANY SUCH
LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFESSIONAL
PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO SUCH SECTION
THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS. UNTIL AND
UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY DAYS BEFORE
THE START OF THE SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
(I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE BOARD OF REGENTS SHALL
PROMULGATE REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE EXCESSED. THE PROMULGATION OF ANY SUCH REGULATION
SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR
S. 3501--A 8
IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED HOWEVER
THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT
SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE
EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER
BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH REGU-
LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
SION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. SHOULD THE BOARD OF REGENTS
FAIL TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR TO
THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
WHICH TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH GUID-
ANCE PROMULGATED BY THE CHANCELLOR PURSUANT TO THIS SUBDIVISION. THE
PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE RECOMMENDATIONS
OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS, ADMINISTRATORS AND
PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING WHICH
POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS
ARE TO BE EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS; AND
(2) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA: SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
ANCE OF EACH SUCH PERSON; RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES
OF EACH SUCH PERSON AS DEMONSTRATED ON THE JOB; OFFICE OR SCHOOL NEEDS,
INCLUDING: CURRICULUM SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS
OF EXPERTISE; AND LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.
ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN
EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED, HOWEVER, THAT ANY
CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE EXCESSED
OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH GUIDANCE SHALL NOT
PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECISION REGARDING
WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE LAID OFF. SHOULD CITYWIDE LAYOFFS IN ACCORDANCE WITH
PARAGRAPH (A) OF THIS SUBDIVISION BE CARRIED OUT, A DETERMINATION OF
WHETHER ANY TEACHER OR SUPERVISOR SHALL BE LAID OFF WHOSE POSITION HAS
BEEN ABOLISHED AND IS IN EXCESS FROM A REGULARLY APPOINTED POSITION IN
THE DISTRICT FOR LESS THAN SIX MONTHS, SHALL BE MADE PURSUANT TO SUBPAR-
AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
S 4. Subdivision 4 of section 2588 of the education law is REPEALED
and a new subdivision 4 is added to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
CLE FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF EMPLOYEES
TO RETURN TO VACANT POSITIONS IN THE CITY SCHOOL DISTRICT. UNTIL AND
UNLESS A LOCALLY ESTABLISHED PROCEDURE IS ESTABLISHED PURSUANT TO THE
REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
TIONS. WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSU-
ANT TO CLAUSES ONE AND TWO OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION, SHOULD A VACANCY OCCUR IN THE SAME
POSITION AT THE SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF
THE DATE WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCEL-
LOR OR HIS OR HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO
S. 3501--A 9
HELD THE POSITION BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE
OFFER, OR FAILS TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON
SHALL NO LONGER HAVE A RIGHT TO RETURN TO THE POSITION. IF MORE THAN ONE
POSITION WAS ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR
ADMINISTRATIVE OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE
AREA THAN PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE
CHANCELLOR, SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON SHOULD
BE OFFERED THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE
TO DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH
(I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND CLAUSE ONE
OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION, SHALL HAVE NO RIGHTS TO RETURN TO A VACANT POSITION PURSUANT TO
THIS SECTION.
S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
S 6. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 7. This act shall take effect immediately.

S3501B (ACTIVE) - Details

S3501B (ACTIVE) - Summary

Relates to retaining quality teachers when teaching positions are eliminated in city school districts in cities with a population of one million or more.

S3501B (ACTIVE) - Sponsor Memo

BILL NUMBER:S3501B REVISED 02/28/11
TITLE OF BILL:
An act
to amend the education law, in relation to retaining quality teachers
and teachers in shortage subject areas when teaching positions are
eliminated in city school districts of cities having one million or more
inhabitants; and to repeal certain provisions of such law
relating thereto
PURPOSE OF THE BILL:
This bill would create a default layoff mechanism in New York city in
effect unless and until such time as the city of New York and its
teachers! union collectively bargain new layoff procedures.
Decision-making based solely on seniority would be prohibited in any
bargaining agreement.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Title.
Section 2: A technical change to section 2588 of the
education law to
change "more than one million inhabitants" to "one million

inhabitants or more".
Section 3: requires the city school district
and its employee
collective bargaining agents to establish a procedure governing the
abolishment or reduction of teaching or supervisory positions
citywide pursuant to article 14 of the civil service law. An
employee's length of service can no longer be the sole factor in
determining which positions to abolish. In addition, this section
ensures that high need schools (schools with greater than 90 percent
eligibility for free and reduced price lunch) do not bear a
disproportionate share of workforce reductions. In the absence of a
collective bargaining agreement governing staff reduction a default
layoff mechanism for New York City governs any citywide layoff in the
following manner:
* Seniority is no longer the sole basis for any layoff decision.
* The district will first make layoff decisions on a citywide basis,
based on specific categories of teachers. Per the provisions of this
bill, until such time as the City district and the union collectively
bargain a layoff procedure, these category-based layoffs would still
be made by license area (English, carpentry, common branch
elementary, etc
* Under this bill there are nine categories established which
constitutes a subset of staff which would in the first instance be
laid off until the citywide layoff number is achieved. Staff that
fall into multiple categories would be laid off first and then
layoffs would proceed through each individual category until such
time as the citywide layoff number is achieved. Unless the entire
license is eliminated, the following teachers would be laid off first
within any given license area:
o A - School-based personnel with at least one rating of
"unsatisfactory" in the five academic years preceding the year in
which layoffs would take effect;
o B - A finding of guilt on 3020-a charges without termination in the
last five years;
o C - Status as school-based personnel without a permanent position for
six months or more as of the start of the school year in which
layoffs will occur;
o D - Any teacher or supervisor convicted of a qualifying criminal
offense in the past five years. "Qualifying criminal offense
shall mean:
(1) any felony, any class A misdemeanor, or any class B misdemeanor
under articles one hundred twenty, one hundred thirty, one hundred
thirty five, one hundred forty, one hundred fifty five, two hundred
twenty, two hundred thirty, two hundred forty five, two hundred
sixty, two hundred sixty three or two hundred sixty five of the Penal
Law, or a felony or misdemeanor under sections one thousand one
hundred ninety two and one thousand one hundred ninety three of the
Vehicle and Traffic Law; or
(2) Any offense in any other jurisdiction for which a sentence to a
term of imprisonment of one year or of more than one year was
authorized and is authorized in this state irrespective of whether
such sentence was imposed, or
(3) Any offense in any other jurisdiction the commission of which
constitutes the substantial equivalent of any offense under articles
one hundred twenty, one hundred thirty, one hundred thirty five, one
hundred forty, one hundred fifty five, two hundred twenty, two
hundred thirty, two hundred forty five, two hundred sixty, two
hundred sixty three or two hundred sixty five of the Penal Law or a
felony or misdemeanor under sections one thousand one hundred ninety
two and one thousand one hundred ninety three of the Vehicle and
Traffic Law.
o E - A finding of excessive or improper lateness or absenteeism
without adequate cause or improper use of leave time by a time and
attendance arbitrator in the last five years;
o F - Investigations by the Special Commissioner of Investigation (SCI),
the Office of Equal Opportunity (OEO), or the Office of Special
Investigations (OSI) that led to substantiated allegations of
misconduct in the last five years;
o G - School based personnel who failed to fulfill all
requirements for state certification as of August 31 of the
year in which layoffs will be enacted;
o H - Teachers in grades 4-8 who for two years or more ranked in the
bottom thirty percent of all teachers in student test scores progress
as measured by the City school district's value added assessment
except for teachers who are licensed to teach special education or
special needs children. Value added assessments shall control for
factors including but not limited to the student status or whole
class average in the following categories: previous academic
outcomes, free and reduced priced lunch status, English language
learner status, special education status, previous absences and
suspensions, grade level retention, summer school participation,
years attending the current school, ethnicity, gender and class size;
and
o I - Teachers granted an extension regarding tenure in the year
preceding city wide layoff.
* When the number of employees laid off by way of the above process is
less than the number of total layoffs required, the Regents will
promulgate regulations by that date governing the layoffs of any
additional teachers, beyond those laid off in the above process. Such
regulations must ensure that an employee's length of service is not
the sole factor in determining a layoff and that an employee's salary
is not a factor in layoff decisions. These additional layoffs need
not be made by license category.
* In the event the Regents do not promulgate regulations within 75
days of the first day of school, building principals will make
additional layoff decisions pursuant to guidance put forth by the
Chancellor. The principal shall make the decisions after considering
the recommendations of school based committee comprised of teachers,
administrators and parents.
* In schools where 90 percent of students receive free or
reduced-price lunch, layoffs made subsequent to the categories-based
layoff process shall not exceed a percentage of the overall number of
positions in the school that represents half of the average
percentage laid off made subsequent to the categories-based process
in schools citywide. This excludes employees in the categories
outlined above or employees laid off because of the system-wide
elimination of a license area. This requirement would apply to any
mechanism that is collectively bargained, promulgated by the Regents
or set forth by the Chancellor and implemented by principals.
* When schools remove positions for any reason, absent a citywide
layoff condition, the sale basis for such decisions will not be
employee length of service. This bill requires such a process to be
collectively bargained, pursuant to education law 3012-c. In the
event it is not collectively bargained by 90 days before the start of
the school year, decisions are to be made using all above categories.
In the event the number of positions needed to be removed exceeds the
number in these categories, the Regents are to promulgate
regulations. In the event that by 75 days before the start of the
school year, the Regents have not promulgated regulations, principals
are to make the decision per guidance issued by the Chancellor. Such
regulations or guidance must ensure that employee length of service
is not the sale factor in layoff decisions and that salary is not a
factor in layoff decisions.
Section 4: requires employee rights to return to
vacant positions to
be collectively bargained. In the absence of a collective bargaining
agreement when layoffs are made the following process shall apply:
Whenever a teaching or supervisory position is abolished pursuant to
the Regents or chancellor and should a vacancy occur in the same
position at the same school or administrative office within one year
of the date when the position was abolished, the principal, or the
chancellor or his or her designee, shall offer the position to the
person who held the position before it was abolished. If the person
rejects the offer, or fails to respond to the offer within thirty
days, the person shall no longer have a right to return to the
position. If more than one position was abolished in the same license
area at the same school or administrative office, and there are fewer
vacancies in the same license area than persons whose positions were
abolished, the principal, or the chancellor, shall have the
discretion to determine which person should be offered the position
first. Teachers or supervisors laid off pursuant to the nine
categories outlined above shall have no rights to return to a vacant
position pursuant.
Section 5: repeals paragraph 7 of section 2588 of
the education law
which is replaced by language in Section 4.
Section 6: Severability.
Section 7: Effective date.
JUSTIFICATION:
This bill will allow high quality teachers to remain in the classroom
during years when citywide layoffs are required.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
3501--B
2011-2012 Regular Sessions
I N S E N A T E
February 23, 2011
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to retaining quality
teachers and teachers in shortage subject areas when teaching posi-
tions are eliminated in city school districts of cities having one
million or more inhabitants; and to repeal certain provisions of such
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "keep
effective and excellent professionals in the classroom act".
S 2. The section heading of section 2588 of the education law, as
added by chapter 521 of the laws of 1976, is amended to read as follows:
Seniority, retention and displacement rights in connection with aboli-
tion of positions in city school districts of cities having [more than]
one million inhabitants OR MORE.
S 3. Subdivision 3 of section 2588 of the education law is REPEALED
and a new subdivision 3 is added to read as follows:
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE PURSUANT TO
THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09505-12-1

S. 3501--B 2
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT ANY SUCH
LOCALLY ESTABLISHED PROCESS SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH LOCALLY ESTABLISHED PROCESS MUST ENSURE
THAT HIGH QUALITY TEACHERS IN HIGH-NEED SCHOOLS ARE NOT LAID OFF AND
THAT HIGH-NEED SCHOOLS DO NOT BEAR A DISPROPORTIONATE SHARE OF WORKFORCE
REDUCTIONS PURSUANT TO A CITYWIDE LAYOFF, PROVIDED HOWEVER, NOTHING
SHALL PROHIBIT THE CITY SCHOOL DISTRICT FROM ABOLISHING ALL POSITIONS IN
A LICENSE AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. FOR
PURPOSES OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A
SCHOOL IN WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE
ELIGIBLE APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM. FOR
POSITIONS COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER,
ANY SUCH LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFES-
SIONAL PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND ITS IMPLEMENTING
REGULATIONS. UNTIL AND UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT
LEAST NINETY DAYS BEFORE THE EFFECTIVE DATE OF ANY SUCH ABOLISHMENT OR
REDUCTION OF TEACHING OR SUPERVISORY POSITIONS CITYWIDE, THE FOLLOWING
SHALL APPLY:
(I) THE FOLLOWING TEACHERS OR SUPERVISORS SHALL BE LAID OFF PRIOR TO
ANY OTHER TEACHERS OR SUPERVISORS: (A) ANY TEACHER OR SUPERVISOR WHO
RECEIVED A RATING OF "UNSATISFACTORY" ON HIS OR HER ANNUAL PROFESSIONAL
PERFORMANCE REVIEW IN THE LAST FIVE SCHOOL YEARS OR "INEFFECTIVE" IN THE
EVENT A NEW ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAS BEEN IMPLEMENTED
PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER; (B) ANY
TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN
THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A PENALTY
IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER OR
AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO SECTION THREE
THOUSAND TWENTY-A OF THIS CHAPTER; (C) ANY TEACHER OR SUPERVISOR NOT
CURRENTLY APPOINTED TO A REGULAR POSITION IN A SCHOOL FOR A PERIOD OF
SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; (D) ANY TEACHER OR SUPERVISOR CONVICTED OF A
QUALIFYING CRIMINAL OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL
OFFENSE" SHALL MEAN: (1) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY
CLASS B MISDEMEANOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIR-
TY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE,
TWO HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO
HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE
PENAL LAW, OR A FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED
NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC
LAW, OR (2) ANY OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE
TO A TERM OF IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS
AUTHORIZED AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH
SENTENCE WAS IMPOSED, OR (3) ANY OFFENSE IN ANY OTHER JURISDICTION THE
COMMISSION OF WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY
OFFENSE UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE
HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO
HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED
SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL
LAW OR A FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO
AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW; (E) ANY
TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO WITHIN
S. 3501--B 3
THE LAST FIVE YEARS HAS BEEN FINED AS A PENALTY IMPOSED PURSUANT TO
CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC LATENESS, OR IMPROPER
USE OR RECORDING OF LEAVE TIME OR AS A RESULT OF SETTLEMENT OF CHARGES
BROUGHT PURSUANT TO CHARGES RELATED TO CHRONIC ABSENTEEISM, CHRONIC
LATENESS OR IMPROPER USE OR RECORDING OF LEAVE TIME; (F) ANY TEACHER OR
SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE SUBJECT OF AN INVESTI-
GATION WHERE ALLEGATIONS OF MISCONDUCT WERE SUBSTANTIATED BY THE CITY
SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF INVESTIGATION, THE CITY SCHOOL
DISTRICT'S OFFICE OF SPECIAL INVESTIGATIONS OR THE CITY SCHOOL
DISTRICT'S OFFICE OF EQUAL OPPORTUNITY; (G) ANY TEACHER OR SUPERVISOR
WHO HAS FAILED TO FULFILL ALL REQUIREMENTS FOR CERTIFICATION FROM THE
DEPARTMENT AS OF AUGUST THIRTY-FIRST OF THE YEAR IN WHICH THERE IS A
CITYWIDE LAYOFF; (H) ANY TEACHER, FOR TWO YEARS OR MORE, RANKED IN THE
BOTTOM THIRTY PERCENT OF TEACHERS IN STUDENT TEST SCORES PROGRESS AS
MEASURED BY THE CITY SCHOOL DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR
TEACHERS WHO WORK IN LICENSES SPECIFIC TO TEACHING CHILDREN WITH DISA-
BILITIES OR SPECIAL NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR
FACTORS INCLUDING BUT NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS
AVERAGE IN THE FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE
AND REDUCED PRICE LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL
EDUCATION STATUS, PREVIOUS SUSPENSIONS AND ABSENCES, GRADE-LEVEL
RETENTION, SUMMER SCHOOL PARTICIPATION, YEARS ATTENDING THE CURRENT
SCHOOL, ETHNICITY, GENDER, AND CLASS SIZE; AND (I) TEACHERS OR SUPERVI-
SORS WHO ENTERED AGREEMENTS TO SERVE AN ADDITIONAL YEAR AS A PROBATIONER
PURSUANT TO SECTION TWENTY-FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE
FOR THE SCHOOL YEAR PRECEDING A CITYWIDE LAYOFF.
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH IS GREATER THAN THE NUMBER OF SUCH POSITIONS THAT MUST BE ABOL-
ISHED OR REDUCED AS A RESULT OF A CITYWIDE LAYOFF, THEN THE DECISION
CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCU-
PYING SUCH POSITIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE
WITH THIS SUBPARAGRAPH.
(1) THE FOLLOWING PROTOCOL SHALL BE USED UNTIL SUCH TIME THAT THE
TOTAL NUMBER OF EMPLOYEES IDENTIFIED IS EQUAL TO THE TOTAL NUMBER OF
TEACHING OR SUPERVISORY POSITIONS ABOLISHED. FOR PURPOSES OF THE PROTO-
COL, THE CATEGORIES LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G),
(H) AND (I) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE RANKED ALPHA-
BETICALLY (A) THROUGH (I), PROVIDED THAT (A) SHALL BE RANKED THE HIGHEST
PRIORITY AND (I) SHALL BE RANKED THE LOWEST PRIORITY. THE PROTOCOL SHALL
BE ESTABLISHED AS FOLLOWS:
A. TEACHERS OR SUPERVISORS WHO FALL IN ALL NINE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH;
B. TEACHERS OR SUPERVISORS WHO FALL WITHIN EIGHT OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE EIGHT CATEGORIES;
C. TEACHERS OR SUPERVISORS WHO FALL WITHIN SEVEN OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE SEVEN CATEGORIES;
D. TEACHERS OR SUPERVISORS WHO FALL WITHIN SIX OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
S. 3501--B 4
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE SIX CATEGORIES;
E. TEACHERS OR SUPERVISORS WHO FALL WITHIN FIVE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FIVE CATEGORIES;
F. TEACHERS OR SUPERVISORS WHO FALL WITHIN FOUR OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE FOUR CATEGORIES;
G. TEACHERS OR SUPERVISORS WHO FALL WITHIN THREE OF THE CATEGORIES
LISTED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIOR-
ITY OF THOSE THREE CATEGORIES;
H. TEACHERS OR SUPERVISORS WHO FALL WITHIN TWO OF THE CATEGORIES LIST-
ED AS CLAUSES (A), (B), (C), (D), (E), (F), (G), (H) AND (I) OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, IN ORDER OF THE COMBINED RANK PRIORITY OF
THOSE TWO CATEGORIES;
I. TEACHERS OR SUPERVISORS WHO RECEIVED A RATING OF "UNSATISFACTORY"
IN ANY OF THE LAST FIVE SCHOOL YEARS ON THEIR ANNUAL PROFESSIONAL
PERFORMANCE REVIEW; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED
THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE IN THE
FOLLOWING ORDER:
I. A TEACHER OR SUPERVISOR WITH THE HIGHEST NUMBER OF UNSATISFACTORY
RATINGS IN THE LAST FIVE YEARS; AND
II. A TEACHER OR SUPERVISOR WITH AN UNSATISFACTORY RATING RECEIVED IN
THE MOST RECENT YEAR OR YEARS;
J. ANY TEACHER OR SUPERVISOR, IF THE PERSON IS A TENURED EMPLOYEE, WHO
WITHIN THE LAST FIVE YEARS HAS BEEN FINED OR SUSPENDED WITHOUT PAY AS A
PENALTY IMPOSED PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER OR AS A RESULT OF A SETTLEMENT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER; PROVIDED, HOWEVER THAT
IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY
PERSONS SHALL BE LAID OFF IN ORDER OF THE MOST RECENT DISPOSITION;
K. ANY TEACHER OR SUPERVISOR WITH A CURRENT STATUS AS A TEACHER OR
SUPERVISOR NOT APPOINTED TO A PERMANENT POSITION IN A SCHOOL FOR A PERI-
OD OF SIX MONTHS OR MORE AS OF THE EFFECTIVE DATE OF ANY CITYWIDE LAYOFF
PURSUANT TO THIS SECTION; PROVIDED, HOWEVER THAT IF FEWER LAYOFFS ARE
REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY, LAYOFFS SHALL BE DONE
IN ORDER OF PERSONS WHO HAVE BEEN WITHOUT AN APPOINTED POSITION TO A
SCHOOL THE LONGEST PERIOD OF TIME;
L. ANY TEACHER OR SUPERVISOR CONVICTED OF A QUALIFYING CRIMINAL
OFFENSE IN THE PAST FIVE YEARS. "QUALIFYING CRIMINAL OFFENSE" SHALL
MEAN: (A) ANY FELONY, ANY CLASS A MISDEMEANOR, OR ANY CLASS B MISDEMEA-
NOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED
THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED
TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY,
TWO HUNDRED SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A
FELONY OR MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEV-
EN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, OR (B) ANY
OFFENSE IN ANY OTHER JURISDICTION FOR WHICH A SENTENCE TO A TERM OF
IMPRISONMENT OF ONE YEAR OR OF MORE THAN ONE YEAR WAS AUTHORIZED AND IS
AUTHORIZED IN THIS STATE IRRESPECTIVE OF WHETHER SUCH SENTENCE WAS
IMPOSED, OR (C) ANY OFFENSE IN ANY OTHER JURISDICTION THE COMMISSION OF
WHICH CONSTITUTES THE SUBSTANTIAL EQUIVALENT OF ANY OFFENSE UNDER ARTI-
CLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE
S. 3501--B 5
HUNDRED FORTY, ONE HUNDRED FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED
THIRTY, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED
SIXTY-THREE OR TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR
MISDEMEANOR UNDER SECTIONS ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED
NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER THAT IF
FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PERSONS IN THIS CATEGORY,
LAYOFFS SHALL BE DONE IN THE FOLLOWING ORDER:
I. A TEACHER OR SUPERVISOR CONVICTED OF A FELONY IN THE LAST FIVE
YEARS; AND
II. A TEACHER OR SUPERVISOR CONVICTED OF A CLASS A MISDEMEANOR IN THE
LAST FIVE YEARS; AND
III. A TEACHER OR SUPERVISOR CONVICTED IN THE MOST RECENT YEAR OR
YEARS OF A CLASS B MISDEMEANOR UNDER ARTICLE ONE HUNDRED TWENTY, ONE
HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE HUNDRED
FIFTY-FIVE, TWO HUNDRED TWENTY, TWO HUNDRED THIRTY, TWO HUNDRED
FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE OR TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW OR A FELONY OR MISDEMEANOR UNDER SECTIONS
ELEVEN HUNDRED NINETY-TWO AND ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW;
M. ANY TEACHER OR SUPERVISOR WHO HAS RECEIVED A FINE AS A PENALTY OR
AS PART OF A STIPULATION IN SETTLEMENT OF CHARGES OF CHRONIC ABSENTEEISM
OR LATENESS, OR IMPROPER USE OR RECORDING OF LEAVE TIME; PROVIDED,
HOWEVER THAT IF FEWER LAYOFFS ARE REQUIRED THAN THERE ARE PEOPLE IN THIS
CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT DISPOSITION;
N. ANY TEACHER OR SUPERVISOR WHO WITHIN THE LAST FIVE YEARS WAS THE
SUBJECT OF AN INVESTIGATION WHERE ALLEGATIONS OF MISCONDUCT WERE
SUBSTANTIATED BY THE CITY SCHOOL DISTRICT'S SPECIAL COMMISSIONER OF
INVESTIGATION, THE CITY SCHOOL DISTRICT'S OFFICE OF SPECIAL INVESTI-
GATIONS OR THE CITY SCHOOL DISTRICT'S OFFICE OF EQUAL OPPORTUNITY,
PROVIDED HOWEVER IF THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN
THIS CATEGORY, LAYOFFS SHALL BE DONE IN ORDER OF THE MOST RECENT INVES-
TIGATION OF SUBSTANTIATED ALLEGATIONS;
O. ANY TEACHER OR SUPERVISOR WHO HAS FAILED TO FULFILL ALL THE
REQUIREMENTS FOR STATE CERTIFICATION AS OF AUGUST THIRTY-FIRST OF THE
SCHOOL YEAR IN WHICH THERE IS A CITYWIDE LAYOFF, PROVIDED HOWEVER IF
THERE ARE FEWER LAYOFFS THAN THERE ARE PERSONS IN THIS CATEGORY, TEACH-
ERS WHO HAVE BEEN WITHOUT FULL CERTIFICATION FROM THE DEPARTMENT THE
LONGEST SHALL BE LAID OFF FIRST;
P. ANY TEACHER, FOR TWO YEARS OR MORE, RANKED IN THE BOTTOM THIRTY
PERCENT OF TEACHERS IN STUDENT TEST SCORES PROGRESS AS MEASURED BY THE
CITY SCHOOL DISTRICT'S VALUE-ADDED ASSESSMENT EXCEPT FOR TEACHERS WHO
WORK IN LICENSES SPECIFIC TO TEACHING CHILDREN WITH DISABILITIES OR
SPECIAL NEEDS. VALUE-ADDED ASSESSMENTS SHALL CONTROL FOR FACTORS INCLUD-
ING BUT NOT LIMITED TO THE STUDENT STATUS OR WHOLE CLASS AVERAGE IN THE
FOLLOWING CATEGORIES: PREVIOUS ACADEMIC OUTCOMES, FREE AND REDUCED PRICE
LUNCH STATUS, ENGLISH LANGUAGE LEARNER STATUS, SPECIAL EDUCATION STATUS,
PREVIOUS SUSPENSIONS AND ABSENCES, GRADE-LEVEL RETENTION, SUMMER SCHOOL
PARTICIPATION, YEARS ATTENDING THE CURRENT SCHOOL, ETHNICITY, GENDER,
AND CLASS SIZE, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE
ARE PERSONS IN THIS CATEGORY, TEACHERS WITH THE LOWEST SCORES SHALL BE
LAID OFF FIRST; AND
Q. ANY TEACHER OR SUPERVISOR WHO ENTERED AN AGREEMENT TO SERVE AN
ADDITIONAL PROBATIONARY YEAR PURSUANT TO SECTION TWENTY-FIVE HUNDRED
SEVENTY-THREE OF THIS ARTICLE, FOR THE SCHOOL YEAR PRECEDING A CITYWIDE
LAYOFF, PROVIDED HOWEVER, IF THERE ARE FEWER LAYOFFS THAN THERE ARE
S. 3501--B 6
PERSONS IN THIS CATEGORY, TEACHERS OR SUPERVISORS WITH THE MOST NUMBER
OF ABSENCES SHALL BE LAID OFF FIRST.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
POSITIONS THAT ARE ABOLISHED, OR THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES THAT ARE LAID OFF PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF THIS SUBDIVISION IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT
MUST BE ABOLISHED OR REDUCED, THE DECISION CONCERNING WHICH ADDITIONAL
POSITIONS ARE TO BE ABOLISHED, AND WHICH PERSONS OCCUPYING SUCH POSI-
TIONS ARE TO BE LAID OFF, SHALL BE MADE IN ACCORDANCE WITH THIS SUBPARA-
GRAPH.
(1) THE BOARD OF REGENTS SHALL PROMULGATE REGULATIONS PRESCRIBING HOW
SUCH ADDITIONAL LAYOFFS SHALL BE EFFECTUATED. THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE
THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE
ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF;
PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF
FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSI-
TIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY BE
CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGA-
TION OF ANY SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH REGULATIONS MUST ENSURE THAT IN A
HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF SHALL NOT EXCEED THE
PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN THE SCHOOL THAT REPRES-
ENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID OFF CITYWIDE; PROVIDED
HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE THE CITY SCHOOL DISTRICT
CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE AREA PURSUANT TO SUBPARA-
GRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES SHALL BE CALCULATED
EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN WHICH AT
LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE APPLICANTS
FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
(2) SHOULD THE BOARD OF REGENTS FAIL TO PROMULGATE REGULATIONS NO
LATER THAN SEVENTY-FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF A CITYWIDE
LAYOFF, THE BUILDING PRINCIPAL SHALL DETERMINE WHICH ADDITIONAL POSI-
TIONS ARE TO BE ABOLISHED, AND WHICH ADDITIONAL PERSONS OCCUPYING SUCH
POSITIONS ARE TO BE LAID OFF CONSISTENT WITH GUIDANCE PROMULGATED BY THE
CHANCELLOR. THE PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE
RECOMMENDATIONS OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS,
ADMINISTRATORS AND PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED
IN DETERMINING WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS ARE TO BE LAID OFF: (I) SCHOOL NEEDS FOR
PARTICULAR LICENSE AREAS; AND (II) WHEN MORE THAN ONE PERSON HOLDS A
POSITION WITHIN THE SAME LICENSE AREA, SIGNIFICANT RELEVANT CONTRIB-
UTIONS, ACCOMPLISHMENTS, OR PERFORMANCE OF EACH SUCH PERSON; RELEVANT
SUPPLEMENTAL PROFESSIONAL EXPERIENCES OF EACH SUCH PERSON AS DEMON-
STRATED ON THE JOB; OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM
SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE; AND
LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON. ANY SUCH GUIDANCE
PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF
SERVICE TO BE THE SOLE FACTOR IN ANY DECISION REGARDING WHICH POSITIONS
ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE
LAID OFF; PROVIDED, HOWEVER, THAT ANY CONSIDERATION OF AN EMPLOYEE'S
S. 3501--B 7
LENGTH OF FAITHFUL AND COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT
OF POSITIONS OR PERSONS TO BE LAID OFF OCCUPYING SUCH POSITIONS MAY ONLY
BE CONSIDERED IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMUL-
GATION OF ANY SUCH GUIDANCE SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE
A FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED
AND WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE LAID OFF; AND
PROVIDED FURTHER THAT ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR
MUST ENSURE THAT IN A HIGH-NEED SCHOOL THE NUMBER OF STAFF LAID OFF
SHALL NOT EXCEED THE PERCENTAGE OF THE OVERALL NUMBER OF POSITIONS IN
THE SCHOOL THAT REPRESENTS HALF OF THE AVERAGE PERCENTAGE OF STAFF LAID
OFF CITYWIDE, PROVIDED HOWEVER, SAID PERCENTAGE MAY BE EXCEEDED WHERE
THE CITY SCHOOL DISTRICT CHOOSES TO ABOLISH ALL POSITIONS IN A LICENSE
AREA PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH. SAID PERCENTAGES
SHALL BE CALCULATED EXCLUDING ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH. FOR PURPOSES
OF THIS SECTION, A HIGH-NEED SCHOOL SHALL BE DEFINED AS A SCHOOL IN
WHICH AT LEAST NINETY PERCENT OF THE ENROLLED STUDENTS ARE ELIGIBLE
APPLICANTS FOR THE FREE AND REDUCED PRICE LUNCH PROGRAM.
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY REGULATION PROMULGATED BY THE BOARD OF REGENTS OR ANY
LOCALLY DEVELOPED PROCESS PURSUANT TO THE REQUIREMENTS OF ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW, THE CITY SCHOOL DISTRICT SHALL NOT BE
PROHIBITED FROM ABOLISHING ALL POSITIONS IN AN ENTIRE LICENSE AREA
PURSUANT TO GUIDANCE PROMULGATED BY THE CHANCELLOR.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS EMPLOYEES' COLLECTIVE
BARGAINING AGENTS SHALL ESTABLISH A PROCEDURE GOVERNING THE ABOLISHMENT
OR REDUCTION OF TEACHING OR SUPERVISORY POSITIONS AT INDIVIDUAL SCHOOLS
IN ORDER TO MEET SCHOOL BUDGETARY NEEDS, REORGANIZE FUNCTIONS, OR FOR
OTHER COMPELLING REASONS OUTSIDE OF A CITYWIDE REDUCTION IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION, PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. ANY SUCH LOCALLY ESTABLISHED
PROCESS SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE
FACTOR IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND
WHICH PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED
HOWEVER THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND
COMPETENT SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR
PERSONS TO BE EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED
IN A MANNER BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY
SUCH REGULATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN
ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. FOR POSITIONS
COVERED BY SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER, ANY SUCH
LOCALLY DEVELOPED PROCESS SHALL BE BASED ON THE ANNUAL PROFESSIONAL
PERFORMANCE REVIEW FOR TEACHERS AND SUPERVISORS PURSUANT TO SUCH SECTION
THREE THOUSAND TWELVE-C AND ITS IMPLEMENTING REGULATIONS. UNTIL AND
UNLESS SUCH A PROCESS HAS BEEN ESTABLISHED AT LEAST NINETY DAYS BEFORE
THE START OF THE SCHOOL YEAR, THE FOLLOWING SHALL APPLY:
(I) DECISIONS CONCERNING WHICH POSITIONS ARE TO BE ABOLISHED SHALL BE
MADE IN ACCORDANCE WITH THE SAME PROCESS PRESCRIBED FOR MAKING LAYOFF
DECISIONS SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION. IN THE CASE THAT THE NUMBER OF TEACHING OR SUPERVISORY
EMPLOYEES EXCESSED IS FEWER THAN THE NUMBER OF SUCH POSITIONS THAT MUST
BE EXCESSED PURSUANT TO THIS SUBPARAGRAPH, THE BOARD OF REGENTS SHALL
PROMULGATE REGULATIONS ESTABLISHING THE PROCESS TO BE USED TO DETERMINE
WHICH POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
S. 3501--B 8
POSITIONS SHALL BE EXCESSED. THE PROMULGATION OF ANY SUCH REGULATION
SHALL NOT PERMIT AN EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR
IN ANY DECISION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH
PERSONS OCCUPYING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED HOWEVER
THAT ANY CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT
SERVICE AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE
EXCESSED OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER
BENEFICIAL TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH REGU-
LATION SHALL NOT PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECI-
SION REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS
OCCUPYING SUCH POSITIONS SHALL BE EXCESSED. SHOULD THE BOARD OF REGENTS
FAIL TO PROMULGATE REGULATIONS NO LATER THAN SEVENTY-FIVE DAYS PRIOR TO
THE FIRST DAY OF THE SCHOOL YEAR, THE BUILDING PRINCIPAL SHALL DETERMINE
WHICH TEACHERS OR SUPERVISORS ARE TO BE EXCESSED, CONSISTENT WITH GUID-
ANCE PROMULGATED BY THE CHANCELLOR PURSUANT TO THIS SUBDIVISION. THE
PRINCIPAL SHALL MAKE THE DECISION AFTER CONSIDERING THE RECOMMENDATIONS
OF A SCHOOL-BASED COMMITTEE COMPRISED OF TEACHERS, ADMINISTRATORS AND
PARENTS. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING WHICH
POSITIONS SHALL BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH POSITIONS
ARE TO BE EXCESSED: (1) SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS; AND
(2) WHEN MORE THAN ONE PERSON HOLDS A POSITION WITHIN THE SAME LICENSE
AREA: SIGNIFICANT RELEVANT CONTRIBUTIONS, ACCOMPLISHMENTS, OR PERFORM-
ANCE OF EACH SUCH PERSON; RELEVANT SUPPLEMENTAL PROFESSIONAL EXPERIENCES
OF EACH SUCH PERSON AS DEMONSTRATED ON THE JOB; OFFICE OR SCHOOL NEEDS,
INCLUDING: CURRICULUM SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS
OF EXPERTISE; AND LENGTH OF SATISFACTORY SERVICE BY EACH SUCH PERSON.
ANY SUCH GUIDANCE PROMULGATED BY THE CHANCELLOR SHALL NOT PERMIT AN
EMPLOYEE'S LENGTH OF SERVICE TO BE THE SOLE FACTOR IN ANY DECISION
REGARDING WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPY-
ING SUCH POSITIONS SHALL BE EXCESSED; PROVIDED, HOWEVER, THAT ANY
CONSIDERATION OF AN EMPLOYEE'S LENGTH OF FAITHFUL AND COMPETENT SERVICE
AS A FACTOR FOR THE ABOLISHMENT OF POSITIONS OR PERSONS TO BE EXCESSED
OCCUPYING SUCH POSITIONS MAY ONLY BE CONSIDERED IN A MANNER BENEFICIAL
TO AN EMPLOYEE AND THAT THE PROMULGATION OF ANY SUCH GUIDANCE SHALL NOT
PERMIT AN EMPLOYEE'S SALARY TO BE A FACTOR IN ANY DECISION REGARDING
WHICH POSITIONS ARE TO BE ABOLISHED AND WHICH PERSONS OCCUPYING SUCH
POSITIONS SHALL BE LAID OFF. SHOULD CITYWIDE LAYOFFS IN ACCORDANCE WITH
PARAGRAPH (A) OF THIS SUBDIVISION BE CARRIED OUT, A DETERMINATION OF
WHETHER ANY TEACHER OR SUPERVISOR SHALL BE LAID OFF WHOSE POSITION HAS
BEEN ABOLISHED AND IS IN EXCESS FROM A REGULARLY APPOINTED POSITION IN
THE DISTRICT FOR LESS THAN SIX MONTHS, SHALL BE MADE PURSUANT TO SUBPAR-
AGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
S 4. Subdivision 4 of section 2588 of the education law is REPEALED
and a new subdivision 4 is added to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT AND ITS COLLECTIVE BARGAINING
AGENTS SHALL ESTABLISH A PROCEDURE PURSUANT TO THE REQUIREMENTS OF ARTI-
CLE FOURTEEN OF THE CIVIL SERVICE LAW GOVERNING THE RIGHTS OF EMPLOYEES
TO RETURN TO VACANT POSITIONS IN THE CITY SCHOOL DISTRICT. UNTIL AND
UNLESS A LOCALLY ESTABLISHED PROCEDURE IS ESTABLISHED PURSUANT TO THE
REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, THE FOLLOWING
SHALL APPLY CONCERNING THE RIGHTS OF EMPLOYEES TO RETURN TO VACANT POSI-
TIONS. WHENEVER A TEACHING OR SUPERVISORY POSITION IS ABOLISHED PURSU-
ANT TO CLAUSES ONE AND TWO OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF THIS SECTION, SHOULD A VACANCY OCCUR IN THE SAME
POSITION AT THE SAME SCHOOL OR ADMINISTRATIVE OFFICE WITHIN ONE YEAR OF
S. 3501--B 9
THE DATE WHEN THE POSITION WAS ABOLISHED, THE PRINCIPAL, OR THE CHANCEL-
LOR OR HIS OR HER DESIGNEE, SHALL OFFER THE POSITION TO THE PERSON WHO
HELD THE POSITION BEFORE IT WAS ABOLISHED. IF THE PERSON REJECTS THE
OFFER, OR FAILS TO RESPOND TO THE OFFER WITHIN THIRTY DAYS, THE PERSON
SHALL NO LONGER HAVE A RIGHT TO RETURN TO THE POSITION. IF MORE THAN ONE
POSITION WAS ABOLISHED IN THE SAME LICENSE AREA AT THE SAME SCHOOL OR
ADMINISTRATIVE OFFICE, AND THERE ARE FEWER VACANCIES IN THE SAME LICENSE
AREA THAN PERSONS WHOSE POSITIONS WERE ABOLISHED, THE PRINCIPAL, OR THE
CHANCELLOR, SHALL HAVE THE DISCRETION TO DETERMINE WHICH PERSON SHOULD
BE OFFERED THE POSITION FIRST. THE CHANCELLOR SHALL PROMULGATE GUIDANCE
TO DETERMINE THE RIGHT OF RETURN OF ANY TEACHERS OR SUPERVISORS LAID OFF
PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION. TEACHERS OR SUPERVISORS LAID OFF PURSUANT TO SUBPARAGRAPH
(I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND CLAUSE ONE
OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION, SHALL HAVE NO RIGHTS TO RETURN TO A VACANT POSITION PURSUANT TO
THIS SECTION.
S 5. Subdivision 7 of section 2588 of the education law is REPEALED.
S 6. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 7. This act shall take effect immediately.

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